Attorneys Experienced in Business Law, Litigation, and Estate Planning

With the ever-increasing number of lawsuits in the United States, protection of family wealth is of paramount importance. In conjunction with the prudent investment of assets, a comprehensive asset protection plan can help ensure your family’s wealth will be preserved for your financial security and for future generations. There are a number of ways to legally protect your assets from the claims of potential judgment creditors. Florida is recognized having some of the best laws in the nation to protect your family’s wealth. In addition, clients can take advantage of the laws of other states and countries to protect their family wealth. The firm has a team of experienced attorneys to help clients develop and implement a comprehensive asset protection plan that is tailored to that client’s unique situation. Such planning can include:

Protection of married couples’ assets (i.e., tenancy by the entirety)

Protection of the family residence (i.e., homestead)

Protection of wages

Protection of certain assets, such as life insurance, annuities, retirement accounts, and education accounts

Use of business entities in Florida and other states to protect assets

Use of trusts in Florida, other states, and offshore jurisdictions to protect assets

Purcell, Flanagan, Hay & Greene, P.A. offers clients a wide range of business-related services. We especially understand the significance of, and intricate dynamics relating to, closely held businesses. We live at the intersection of the business and personal lives of our entrepreneurial clients. Business services include, but are not limited to, the following:

Our attorneys have significant experience assisting clients with charitable planning designed to perpetuate legacies. Oftentimes, such planning is accomplished by shifting from involuntary philanthropy (taxation) to voluntary philanthropy (charitable giving), without reducing the desired inheritance by heirs. Such techniques and vehicles include:

In addition to being experienced advocates, our attorneys are skilled and experienced at solving problems and creating opportunities to resolve various disputes. We utilize numerous methodologies in resolving disputes including negotiation, pre-litigation mediation, litigation, and trial or arbitration. Our attorneys have significant experience in handling federal and state trial litigation as well as appellate litigation, with emphasis in all areas of commercial and business law.

The firm represents both plaintiffs and defendants in diverse matters including, but not limited to, the following:

Contract enforcement and defense

Business torts

Defense and enforcement of software licenses

Enforcement and defense of copyright and trademark rights

Mortgage fraud issues

Franchise related matters

Purchase and sale of goods disputes

Establishing easements or rights of way

Dealer terminations

Mortgage and lien foreclosures

Securities fraud claims

Claims involving timber harvesting methods and timber leases

Defamation and slander claims

Fraud claims

Defense of bad faith claims

Matters involving the uniform commercial code

Breach of warranty claims

Conversion of trade secrets claims

Unfair trade practices claims

Disputes involving the failure to pay broker’s commission

Breach of fiduciary duty

Shareholder and partnership disputes

Negligence

Civil conspiracy

Real estate disputes

Federal and state statutory claims

Class actions

Restrictive covenants and unfair competition

Landlord tenant disputes

Construction litigation

When litigation is necessary, we represent your interests aggressively and ethically, seeking positive results in the most efficient and economical way possible. We work to keep our clients informed of the progress of their case, while providing the information they need to understand the litigation process and its costs.

At Purcell, Flanagan, Hay & Greene, P.A., we offer specialized service to clients in the areas of trust and estate administration. This service includes a full-time staff focused solely on trust administration for trusts established during a person’s lifetime, offering counsel to trustees regarding ongoing duties.

In most instances, our estate and trust administration services are provided in the context of the loss of a loved one. At a time when a family is grieving, the firm’s estate and trust administration teams stand ready and pledge to make the process as smooth as possible, while providing the quality of service and attention the family should expect and deserves. In general, we provide advice and assistance in carrying out the wishes and desires set forth in a last will and testament, and in executing trusts created for the purpose of transferring wealth to loved ones, charities, and other beneficiaries.

Because of our specialized focus on estate planning and closely related matters, our experienced teams can provide comprehensive services, including, but not limited to, advice and guidance in the following areas:

Fiduciary duties as trustee during lifetime

Fiduciary duties as a personal representative or trustee serving after the death of a loved one

Probate matters considered by the probate court

Potential creditor issues

Marshaling, accounting for, and distributing estate and trust assets

Distribution of trust assets, including distributions to lifetime trusts for descendants

Tax advice

Legal services to personal representatives and beneficiaries on federal and state tax issues, including representation before all taxing authorities

Estate planning has been a cornerstone of the firm’s practice since its inception. Our primary objective is to understand our clients’ needs and goals with respect to planning for their families and transferring their wealth. We listen to our clients’ objectives, and then work with them to develop a comprehensive estate plan designed to provide pass wealth to their heirs in the most tax and cost efficient manner, while also passing on their legacy and values. We use our experience and knowledge of the ever-changing tax and estate laws to integrate flexibility into tax planning, asset protection planning, and planning for incapacity in a way that is consistent with our clients’ needs.

Our areas of estate planning practice include:

Wills and revocable trusts

Irrevocable life insurance trusts and gifting trusts

Multi-generational planning, including dynasty trusts

Family business/succession planning

Planning with retirement benefits

Charitable planning, including charitable trusts, private foundations, and public charities

A legal disability could arise due to the fact that the individual is under age 18 or, if she has attained the age of majority, she has some limitation that makes it legally impossible for her to exercise some or all of her rights. Florida law provides a mechanism to allow another, the guardian, to exercise these rights, generally under the supervision of the Court, through the creation of a guardianship.

Our attorneys can assist families addressing guardianship issues by discussing the available options. If it is determined to be appropriate, our attorneys can file pleadings requesting the Court to declare an individual incapacitated, and if needed, requesting the appointment of a guardian for the individual. We can also assist with the annual filings needed to assure that the guardianship remains in good standing with the Court.

We have extensive experience with litigation involving probate, trusts, and guardianships. This experience includes representing both proponents and contestants in will contest cases and applicants and contestants in guardianship cases, as well as prosecuting and defending claims against executors, administrators, trustees, guardians, and agents under powers of attorney for all claims, including breach of fiduciary duty and removal. We often litigate questions of undue influence, coercion, and capacity and are experienced in litigating issues involving the community or separate character, tracing, and valuation of assets. In addition, we represent clients in claims as beneficiaries of insurance policies, annuities, and retirement plans.

Specific examples of cases we handle are:

Will and trust contests

Will and trust construction proceedings

Breach of fiduciary duty claims—defense and prosecution

Accounting litigation

Fiduciary surcharge and removal litigation

Trust modification, reformation, and termination

Challenges to powers of attorney and related documents

Guardianship litigation and incapacity proceedings

Our attorneys understand that most of these cases involve litigation between family members, and we realize the emotional toll taken on our clients and the destructive effect on family relationships. We work closely with our clients throughout the litigation process to ensure that they are aware of the status of their cases and have the ability to direct the course of the litigation. Whether it is through settlement or trial, we strive to achieve the best possible outcome for our clients.

The firm provides timely and thorough assistance to our clients in a wide variety of commercial, residential, and vacant real estate matters, and in doing so, we strive to minimize negative ad valorem, documentary, income, gift, and intangible tax consequences.

Our attorneys negotiate, document and facilitate the closing of real estate acquisitions and sales. We also represent landlords and tenants in the negotiation and documentation of leases of commercial, retail, office, shopping center, and residential real estate.

In support of other areas of the firm’s practice, our attorneys document the transfer of properties in and out of trusts, estates, and business entities and advise clients concerning various transfers of real property between family members and their related entities.

The Tax Controversy practice area involves representing business and individual clients in disputes with the Internal Revenue Service (IRS). These disputes can arise in various functional areas of the IRS including examination (audit) of all types of tax returns, collection of unpaid taxes, administrative appeal of adverse tax conclusions, and tax litigation.

With the client’s authorization to represent them before the IRS, we make certain the IRS personnel comply with all procedural and substantive rules and requirements, and we provide a buffer to direct contact between the IRS personnel and the client. We provide information and documentation to IRS personnel in an organized and effective manner in order to best present the client’s position on the issues involved in the dispute.

At the foundation of our thinking, we believe that taxes alone should not drive decisions. However, our attorneys understand that planning for the right tax result is an important part of any decision and strive to ensure that our clients understand the federal, state, and local tax consequences of their decisions. We specifically provide tax guidance in the following areas:

Wealth transfer tax planning

Business succession planning

Choice of entity and operational structure for closely-held businesses

Mergers, acquisitions, and joint ventures

Tax exempt organization qualification and operation

Tax deferred exchanges (also called “like kind exchanges”)

Documentary stamp tax planning

Federal and state tax controversies

At Purcell, Flanagan, Hay & Greene, P.A., our attorneys have devoted their careers to meeting the needs of high net worth individuals and business owners. We are a boutique firm that focuses on a few specific areas of law, including estate planning, business law, probate law, elder law, trust administration, asset protection, guardianship, tax, and litigation. We have three offices located in Jacksonville, Ponte Vedra Beach, and Amelia Island, Florida. Our attorneys are licensed to practice in Florida, Massachusetts, Oklahoma, and Texas.